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CLIMATE DIPLOMACY: CAN MEDIATING CLIMATE CONSIDERATIONS INTO PEACE AGREEMENTS CREATE A SUSTAINABLE FUTURE?
Get PDFThe Earth’s temperature has risen on average 0.14 degrees Fahrenheit per decade since 1880—a total of 2 degrees. Since 1981, the rate of warming has been over twice as fast at 0.32 degrees Fahrenheit per decade. 2022 was the sixth-warmest year on record, and the 10 warmest years have all occurred since 2010. These long-term shifts in temperature exemplify the changes to our climate due to the increasing accumulation of gases caused by human activity on Earth, more commonly referred to as climate change. While it is abundantly clear that climate change is negatively affecting our environment, it is also true that climate change is contributing to increased conflict between humans and exasperating already fraught relationships between groups of people. These conflicts can evolve into violent disputes that endanger both the individuals and resources involved
Real Practice Systems Annotated Bibliography
Get PDFReal Practice Systems (RPS) theory holds that practitioners’ practice systems are based on their personal histories, values, goals, motivations, knowledge, and skills as well as the parties and the cases in their work. RPS analysis can be used in many dispute resolution roles such as mediator, advocate in mediation, negotiator, and litigator generally. In mediation, practitioners develop categories of cases, parties, and behavior patterns that lead them to design routine procedures and strategies for dealing with recurring challenges before, during, and after mediation sessions.
RPS theory is the culmination of much of the work in my scholarly career. The bibliography is a mosaic of my publications about various topics. It includes entries specifically about RPS theory as well as its precursors and related issues. Most of the entries are short blog posts and articles, though it also includes law review articles and books. There are links for the entries so they are easily accessible
Virtual Reality: Communication Channels, Trust, and Board Oversight
Get PDFPost-pandemic, corporate directors, executives, and other employees are frequently found working from home as part of the modern global remote workforce. Since 2020’s pandemic necessitated mass exodus from the in-person workplace, working remotely has become the default for many. Quite the opposite of a transient phenomenon or a global pandemic stopgap measure, remote work is here to stay. It has changed more than the location of where business is conducted. It shifted the primary professional communication medium from face to face communications to virtual, computer mediated communications
Mattress Money: How Civil Forfeiture Leaves Taxpayers with Few Options
Get PDFCivil forfeiture is a legal practice that allows law enforcement agencies to seize property without a criminal conviction, or even charges. This article examines the tax consequences of civil asset forfeiture, particularly the near-impossibility of individuals or businesses to claim a deduction for forfeited property. By analyzing the treatment of seized and forfeited property by the Internal Revenue Code and related I.R.S. regulations and publications, this study exposes critical gaps in the current system that prevent taxpayers from recognizing losses from civil forfeiture. The article further explores the interaction of tax law and civil forfeiture proceedings, demonstrating how innocent property owners can both be relieved of their property and denied meaningful tax relief. By proposing an amendment to the Internal Revenue Code, this article offers a targeted solution. Ultimately, this study argues for legislative reform that would provide taxpayers a mechanism to account for losses from civil asset forfeiture or regulate the practice further
The Back-and-Forth Battle of Defining Independent Contractors
Get PDFGone are the times where employers automatically chain workers to cubicles and bind them to regimented schedules motivated by corporate America. Modern jobs come with new and liberating choices—choices to be your own boss, create your own schedule, and control your own time. Virtually all industries reflect these choices through specialized positions, such as freelancing, consulting, and “gig work.” These work arrangements are broadly referred to as independent contracting. Contracting arrangements offer greater flexibility and independence to workers than traditional employer-employee arrangements. To no surprise, these attractive features of independent contracting have led to a significant rise of independent contractors in the workforce over the years, and this growing practice does not seem to be coming to a halt anytime soon
The Copyright Infringement Threat to X: How X (formerly Twitter) Could Benefit From Licensing Agreements With Arbitration Clauses
Get PDFCopyright infringement on social media platforms is an ever increasing threat to society today. As social media platforms have grown, music publishers and movie studios have become more outspoken in criticizing the inadequacies in handing copyright infringement on these platforms. On June 14, 2023 a civil complaint was brought by Concord Music Group Inc. along with many other music publishers against X Corp. (“X”), formerly Twitter, for copyright infringement. The complaint alleges that X has infringed the copyright of more than 1,700 songs and the plaintiffs are seeking more than $250 million in damages. However, one can argue this was inevitable. X is one of the only major social media platforms that does not have licensing agreements with music publishers
Adopting Tax Credits: The Federal Government’s Special Need to Adopt Missouri’s Adoption Tax Credit
Get PDFHB 429 passed the Missouri Legislature and was signed into law by Governor Mike Parson on April 22, 2021. The legislation intends to relieve the financial burden on parents who are seeking adoption of a child or disabled person. The law has undergone major reforms in recent history. Missouri’s 2021 HB 429 amended the Special Needs Adoption Tax Credit Act and thereby decreased the requirements imposed on taxpayers to receive the tax benefits offered by the state to aid in adoption expenses. In addition, it expanded the state’s ability to offer the credit beyond the means of usual nonrefundable credits--by turning the credit into one that could be transferred, sold, or refunded to the taxpayer
Reconceiving Corporate Rights and Regulation in the AI Era
Get PDFCan existing corporate governance principles properly guide the relationship between shareholders and directors as artificial intelligence (“AI”) plays an increasingly prominent role in corporate management, planning, and operations? Without a doubt, AI technologies allow corporations to enjoy enhanced efficiency and innovation. But the vast range of AI capabilities—from sophisticated data analytics to autonomous decision-making—raises profound questions about whether traditional governance principles remain sufficiently robust to cabin the proper development and deployment of such a powerful and rapidly evolving set of new technologies. Current corporate governance structures that focus on human actors and traditional business decision-making mechanisms seem ill-suited to address some of the novel legal questions that increased reliance on AI poses, especially considering the opacity regarding how AI technologies actually function. Because the existing fiduciary framework for corporate governance remains insufficiently supple to accommodate AI’s transformative impact on corporate practices and strategy, there is a pressing need to reconsider basic corporate governance principles